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Kevin R. v. Kijakazi

United States District Court, Southern District of West Virginia
Aug 16, 2023
Civil Action 2:22-cv-00351 (S.D.W. Va. Aug. 16, 2023)

Opinion

Civil Action 2:22-cv-00351

08-16-2023

KEVIN R., Plaintiff v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.


MEMORANDUM OPINION AND ORDER

IRENE C. BERGER, UNITED STATES DISTRICT JUDGE

By Standing Order (Document 3) entered on August 24, 2022, this action was referred to the Honorable Dwane L. Tinsley, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On July 31, 2023, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 11) wherein it is recommended that this Court deny the Plaintiff's request to reverse the Commissioner's decision, grant the Commissioner's request to affirm her decision, affirm the final decision of the Commissioner, and dismiss this matter from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by August 14, 2023.

Neither party has timely filed objections to the Magistrate Judge's Proposed Findings and Recommendation. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 14950 (1985); see also Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that districts courts may adopt proposed findings and recommendations without explanation in the absence of objections).

Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Plaintiff's request to reverse the Commissioner's decision (Document 9) be DENIED, the Commissioner's request to affirm her decision (Document 10) be GRANTED, the final decision of the Commissioner be AFFIRMED, and this matter be DISMISSED from the Court's docket.

The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and Order to Magistrate Judge Tinsley, counsel of record, and any unrepresented party.


Summaries of

Kevin R. v. Kijakazi

United States District Court, Southern District of West Virginia
Aug 16, 2023
Civil Action 2:22-cv-00351 (S.D.W. Va. Aug. 16, 2023)
Case details for

Kevin R. v. Kijakazi

Case Details

Full title:KEVIN R., Plaintiff v. KILOLO KIJAKAZI, Acting Commissioner of Social…

Court:United States District Court, Southern District of West Virginia

Date published: Aug 16, 2023

Citations

Civil Action 2:22-cv-00351 (S.D.W. Va. Aug. 16, 2023)

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